Guide Nursing mandatory abuse reporting

Several Massachusetts laws and regulations have specific requirements for nurses to report suspected patient abuse, child abuse, elder abuse, and abuse of a disabled person to their respective divisions in State Government.

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Board of Registration in Nursing: Duty to Report Abuse

All nurses who directly observe another nurse engaged in the abuse of a patient must report that nurse to the Board as stated in 244 CMR 9.03(26)(a).

Board regulations define abuse as any impermissible or unjustifiable contact or communication with a patient which in any way harms or intimidates, or is likely to harm or intimidate, a patient. Abuse may be verbal or non-verbal, and may cause physical, sexual, mental, or emotional harm as stated in 244 CMR 9.02.

Verbal or mental abuse with a knowing and willful act directed at a specific patient or resident

How to report

If you are a nurse who suspects abuse, neglect, mistreatment and/or misappropriation must immediately make an oral report to your supervisor or employer. Upon receiving such report, your supervisor or employer must immediately notify the Department of Public Health (DPH) by oral communication, an electronically transmitted report, or facsimile. Oral reports must be followed by a written report within 48 hours to DPH (105 CMR 155).

Failure to report

DPH will report to the Attorney General and the appropriate registration board. Punishment for failing to make a required oral or written report of suspected abuse is a fine of up to $1,000 and disciplinary action by the board.

Failure to report

If you fail to make required oral and written reports of witnessed or suspected child abuse and/or neglect, you will be subject to a fine of up to $1,000.

If you willfully fail to report child abuse and/or neglect that results in serious bodily injury or death, you will be subject to a fine of up to $5,000 and up to 2½ years in jail. You will be reported to your professional licensing authority.

If you knowingly and willfully file a frivolous report shall be punished by:

1st offense: a fine of not more than $2,000

2nd offense: imprisonment in a house of correction for not more than 6 months and a fine of not more than $2,000 for the second offense

3rd and subsequent offenses: imprisonment in a house of correction for not more than 21/2 years and a fine of not more than $2,000

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Elder abuse

Massachusetts General Law, Chapter 19A, Section 15 requires that nurses who have reasonable cause to believe that an elderly person is suffering from or has died as a result of abuse must immediately make an oral report and submit a written report within 48 hours.

Elder abuse is defined as an act or omission which results in serious physical or emotional injury to an elderly person or financial exploitation of an elderly person; or the failure, inability, or resistance of an elderly person to provide for himself or herself 1 or more of the necessities essential for physical and emotional well-being without which the elderly person would be unable to safely remain in the community.

Forms of abuse include:

Physical

Sexual

Emotional

Neglect

Financial exploitation

Self-neglect

However, no person is considered to be abused or neglected for the sole reason that such person is being furnished or relies upon treatment in accordance with the tenets and teachings of a church or religious denomination by a duly accredited practitioner thereof.

How to report

All reports of elder abuse, including self-neglect, must be made immediately to the appropriate designated Protective Services (PS) agency or the statewide Elder Abuse Hotline (800) 922-2275, active 24/7.

Typically, elder abuse reports are made to PS agencies during normal business hours and to the Hotline during after-hours periods, on weekends and holidays.

If you report suspected abuse, the law provides you with immunity from from any civil or criminal liability that otherwise could result from making a report, provided that you did not commit the abuse.

Failure to report

If you fail to make an elder abuse reports, you will be subject to a fine up to $1,000.

Abuse of persons with disabilities includes acts of physical, sexual, emotional, verbal abuse, and omission by a caregiver of a person with a physical disability between the ages of 18-59.

Abuse of persons with disabilities under age 18 must be reported as child abuse and if older than 59 as elder abuse (see above).

In addition to reporting suspected abuse and neglect, you are also required to report to the DPPC all cases in which an individual with a disability has died, regardless of whether or not abuse or neglect is suspected.

How to report

Oral reports

Nurses who suspect abuse must make an oral report to the DPPC at (800) 426-9009, which operates on a 24/7.

Written reports

The oral report must be followed by a written report within 48 hours sent to: